Mother died and left house to father and 3 children. Can one child force the sale of the house for cash?
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Mother died and left house to father and 3 children. Can one child force the sale of the house for cash?
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English law question: The mother of a friend of mine died. In her will (drawn up by a solicitor) she left 50% of the house to the father, and 16.6% to the three children who do not live there.
One of the children is a black sheep and wants to force the sale of the house to get his share of the cash, or force the others to buy out his share for cash. Can he do that, and how could we possibly stop him?
The mortgage is paid off.
Are there any law web forums where I could get some preliminary advice.
Thanks
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Max Hoopla
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The fractional owners are free to sell their shares to whomever wishes to buy them. |
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Father Jake
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I fear he has a right if all the children are grown up. The best solution would be for the others to buy the little **** out. |
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WinonaGal
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I would see an attorney.
I think this person, if it were in the USA, would be able to force something like that.
If you all can afford to do so, buy this black sheep out and wash your hands of this person forever.
So sorry you have to go through this.
If you can't rely on family, what then do you have in life? |
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Yeah yeah yeah
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The will would probably have included a clause that the father could live in it till his death thus procluding the sale and delaying the children's inheritence until then |
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Hayley S
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I'm not sure, but as you are in the UK you CAN speak to your local citizens advice bureau for free advice on this! |
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CJ W
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No! but in the interest of peace it would be better for the others to offer to buy their share |
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Buddha
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A lot of solicitors give a free 30 minute consultation. Try to choose one that deals with this issue. Ask the Citizens Advice Bureau to recommend one or they may be able to tell you themselves. |
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Avalon
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he cannot do it without the signatures of the others |
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lightworker
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He cannot force any of the owners to sell, end of story. He can ask if the others want to buy their share, but if they don't too bad!!
Return to the solicitor who drew up the will and get advice from him as quickly as possible to give everyone peace of mind. |
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STEVEN F
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YES, they CAN force dissolution of the defacto partnership. This can be accomplished one of 2 ways. The home can be sold and the proceeds split. Or the remaining partners can buy out the person wanting out.
You DON'T want to share ownership with someone that wants out. If necessary, take out a mortgage on the house to pay this person off. |
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Nutty Girl
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The family could value it now and give him his share to get rid of the issue but as for force sale it would be all parties have to be in agreement.
same happened in a family members house spilt into 8 |
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Mr.Cow
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chances are the father will have to buy out the kids shares. Perhaps the other kids don't want a sale,and he will only have to buy the one share. |
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Michael P
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I dont think so either. I think as the shares are equal with the Father holding the majority of the share. Then I think there has to be a sort of majority vote
I'm pretty sure anyhow. My grandad owns a print works and his two sons, he has given large shares in the business. One if his sons is also a black sheep and constantly trying to force the sale of the family firm. However he can't as he's just a small sahreholder
BUT. I don't know if it's different because it's a family home not a business |
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